Has ADA changed?

[tinkerbell423]

My son is on the autism spectrum and has utilized a pass at various amusement parks to provide him with a separate waiting area. I know ADA specified he/we needed to explain his needs, but did not need to provide his diagnosis or documentation. He is traveling with a group to Six Flags and looked on their web page for information about how to request a pass. Their is called an attraction access pass and it says "effective November 7, 2015 any guest requesting use of one of these special passes will need to provide a doctor's note...."

 

[lanejudy]

If the accommodation provided is considered to be "a greater benefit" than available to the general public, then documentation of disability can be required. A common example is a license plate or hang tag for a vehicle. I am not familiar with Six Flags pass; possibly it has changed since your last visit, or was argued to be a greater benefit, depending on where and how long guests waited.

In answer to your headline question, no the ADA has not changed, but the offered accommodations might.

 

[wilkeliza]

If the accommodation provided is considered to be "a greater benefit" than available to the general public, then documentation of disability can be required. A common example is a license plate or hang tag for a vehicle. I am not familiar with Six Flags pass; possibly it has changed since your last visit, or was argued to be a greater benefit, depending on where and how long guests waited.

In answer to your headline question, no the ADA has not changed, but the offered accommodations might.

They replaced the equal access pass which was the one you didn't need a dr note for as there was a ton of abuse. I am not sure if anyone has sued Six Flags but they operate under the understand that it is a greater benefit since you can be outside the line and do other things while your return time passes.

OP this will be the only time you need a note. Since it is a life time disability and not temporary they will file it under your son's name with no end date and then you go back each time and they reissue the pass after pulling up the file.

 

[Queen of the WDW Scene]

My son is on the autism spectrum and has utilized a pass at various amusement parks to provide him with a separate waiting area. I know ADA specified he/we needed to explain his needs, but did not need to provide his diagnosis or documentation. He is traveling with a group to Six Flags and looked on their web page for information about how to request a pass. Their is called an attraction access pass and it says "effective November 7, 2015 any guest requesting use of one of these special passes will need to provide a doctor's note...."

To my knowledge nothing has changed with the ADA.

My guess is that the service they provide does offer a greater benefit than a regular guest would receive as any Six Flags theme park that I have gone to gives guests with disabilities a pass that allows them to walk through the exit and onto the ride with a very minimal wait.
I'm guessing that people were taking advantage of this pass that were not disabled in anyway so this particular park would like proof of disability.

 

[halssister]

My son is on the autism spectrum and has utilized a pass at various amusement parks to provide him with a separate waiting area. I know ADA specified he/we needed to explain his needs, but did not need to provide his diagnosis or documentation. He is traveling with a group to Six Flags and looked on their web page for information about how to request a pass. Their is called an attraction access pass and it says "effective November 7, 2015 any guest requesting use of one of these special passes will need to provide a doctor's note...."

We went through this last year when my parents bought us Six Flags annual passes so we could go times while visiting them. The note had to say there was a disability, but could NOT specify what the disability was, I assume due to privacy laws. We printed out the info from their website and gave it to our doctor, and she wrote the note, but it turned out she didn't include something minor (like her doctor license # or something), so they accepted the note for that trip but said we'd need one with the missing info to get a new pass the next time. Considering we were visiting from 450 miles away, that wasn't going to happen, so we ended up not bothering with the pass on future trips (which ended up being ok, because the weather turned bad and there were hardly any lines anyway!). I just mention it so you can make sure to get the note precisely how they specify, to avoid the hassles we had!

Oh, and they were supposed to be manually writing down times that you could use the pass again, but nobody ever had anything to write with either, so we just ended up putting our own times on and nobody cared. Let's just say going to Six Flags makes me REALLY appreciate Disney CMs!!!

 

[amyj1024]

They replaced the equal access pass which was the one you didn't need a dr note for as there was a ton of abuse. I am not sure if anyone has sued Six Flags but they operate under the understand that it is a greater benefit since you can be outside the line and do other things while your return time passes.

OP this will be the only time you need a note. Since it is a life time disability and not temporary they will file it under your son's name with no end date and then you go back each time and they reissue the pass after pulling up the file.

So are you saying that Disney now needs a Dr. note saying that they have a diagnosis of autism?? In the past (2013) I did not need that for an alternate wait area--because of anxiety and close spaces/aversion to noise, and I thought they couldn't ask for it because it violates HIPAA laws?

 

[wilkeliza]

So are you saying that Disney now needs a Dr. note saying that they have a diagnosis of autism?? In the past (2013) I did not need that for an alternate wait area--because of anxiety and close spaces/aversion to noise, and I thought they couldn't ask for it because it violates HIPAA laws?

No the OP was not asking about Disney. They were asking abot Six Flags.

Also many people do get confused on HIPPA. They can require a note from you doctor saying you need xyz accommodation it just can't say the diagnosis as to why. Disney does not ask for a note but some theme parks across the country do.

 

[lanejudy]

HIPAA is often misunderstood but it has nothing to do with theme parks or any other venue/organization requiring proof of disability. HIPAA pertains to the direct sharing of private medical information that does NOT flow through the patient or as part of the patient's direct care. Since a note/letter or other documentation of proof would be requested by the patient and most likely be handed over (in OP's situation to a theme park) by the patient, there is no HIPAA violation. I could paint a billboard declaring my medical history to the world, and it would not violate HIPAA because I agreed to it.

 

[SueM in MN]

HIPAA is often misunderstood but it has nothing to do with theme parks or any other venue/organization requiring proof of disability. HIPAA pertains to the direct sharing of private medical information that does NOT flow through the patient or as part of the patient's direct care. Since a note/letter or other documentation of proof would be requested by the patient and most likely be handed over (in OP's situation to a theme park) by the patient, there is no HIPAA violation. I could paint a billboard declaring my medical history to the world, and it would not violate HIPAA because I agreed to it.

And, to mention again, HIPAA pertains ONLY to medical facilities and places that provide medical care.

 

[kaytieeldr]

And, to mention again, HIPAA pertains ONLY to medical facilities and places that provide medical care.

And insurance companies, right?

 

[SueM in MN]

And insurance companies, right?

i was including them in medical facilities, so yes.